Section 1. Appropriate Use
You are solely responsible for your conduct while using your ASTAC Internet account, as well as the conduct of anyone else using your account. This includes the content of all email messages generated or forwarded, and all content in any folders, home pages or other transmissions, information, images or other interactions you generate, transmit or maintain on or through ASTAC Internet.
ASTAC Internet reserves the right to delete, move or edit any such item that ASTAC Internet, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise illegal, inappropriate or unacceptable, including any material ASTAC Internet believes may cause any liability for it or which may cause ASTAC Internet to lose the services of any supplier, including but not limited to any carriers which may provide services to ASTAC Internet or its Customers.
Use for Lawful Purposes
You may only use ASTAC Internet products and services for lawful purposes. Posting, transmitting, promoting, distributing or storing Content in violation of any applicable law or regulation is prohibited. "Content" means the text, software, communications, images, sounds, and all other information and materials you encounter or generate on-line on the Internet, including material protected by copyright, trademark, trade secret or other intellectual property rights, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Some examples of prohibited illegal conduct are:
- Posting obscene content (including child or adult pornography);
- Planning illegal activity, such as building a bomb or counterfeiting money;
- Advertising a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related paraphernalia;
- You may not impersonate another person, another ASTAC Internet customer, an ASTAC employee, or a civic or government leader;
- Using false statements to get, or to attempt to get, account information or other private information from other ASTAC Internet Customers or other Internet users;
- Engaging in copyright infringement or other intellectual property infringement; and
- Activity which in any way interferes with any person, entity or computer system accessible via the Internet regardless of whether the interference is in violation of Federal, state or local law, including unauthorized attempts to access or use the data or resources of another person, entity, host or network, including any attempt to probe another person, entity, host or network, or to breach the security of a system belonging to another person, entity, host or network.
ASTAC Internet shall cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas. If ASTAC Internet decides to investigate or resolve possible misuse involving you or anything you do on your ASTAC Internet account, ASTAC Internet is entitled to disclose any information about you and anything you do with your service to law enforcement or other government officials as ASTAC Internet in its sole discretion believes to be necessary or appropriate.
Objectionable Conduct and Content
ASTAC Internet reserves the right to remove content, without notice, if we become aware of content in any ASTAC Internet area which, in our judgment, would be distasteful, shocking or threatening to another user. ASTAC Internet reserves the right, in its sole discretion, to make the final determination about whether content is objectionable or not.
System and Network Security
Violations of system and network security are prohibited, and may result in criminal and civil liability. ASTAC Internet will investigate incidents involving such violations and may involve and will report any suspected criminal activity to and cooperate with law enforcement. Posting viruses or software designed to create a virus or to do harm to ASTAC Internet's Services, any ASTAC Internet Customers or users of ASTAC Internet Services, or any network components.
Section 2. Limitations and Restrictions
ASTAC Internet service availability to you is subject to varying network conditions. The service may be temporarily refused, limited, interrupted or curtailed due to governmental regulations or orders, system capacity limitations, equipment modifications, upgrades, relocations repairs or other activities within or beyond our control. ASTAC reserves the right to provide offers in selected markets with limited features based on equipment availability or limitations.
You may use email services through ASTAC Internet. However, ASTAC Internet cannot control email messages incoming to your accounts. Use of your ASTAC Internet account to send unsolicited email messages of any type - whether commercial or non-commercial, for profit or non-profit, is strictly prohibited.
ASTAC DSL services are considered "unlimited bandwidth," meaning Arctic Slope Telephone Association Cooperative (ASTAC) does not charge customers based on the amount of data they actually transfer. Residential accounts are meant for attended use by an individual or family. ASTAC DSL services are not meant for continuous or automated high-volume data transfers.
Section 3. Customer Responsibilities
One Account, One Connection
You may use your ASTAC Internet account to make only one connection at any given time, unless you have specifically purchased an account that is, in ASTAC Internet's sole opinion, suitable for multiple user applications. Multiple, simultaneous connections from an ASTAC Internet account, except as noted, are prohibited. This means that only one ASTAC DSL connection may be active per account, at any given time. Any DSL account found connected to two or more ASTAC Internet modems or other connection devices at the same time may be suspended immediately; provided , however , this paragraph is not intended to restrict the use of a router and multiple computers or home network devices in conjunction with one DSL connection.
Termination of an Account
You acknowledge that your use of an ASTAC Internet account shall not be deemed to convey any property interest in the resources of ASTAC Internet, in the login name(s), the email address(s), or any other element of an ASTAC Internet account. ASTAC Internet may at its discretion terminate your account at any time, with or without cause, and may thereafter re-issue the login name(s), email address(s) and any other element the account, and may do so in whatever fashion it deems best. Likewise, you may terminate your account at any time, with or without cause, and in so doing gives up all right to use of the login name(s), email address(s) and/or every other element of the account; termination charges, however, may apply. In addition, certain bundled pricing of ASTAC Internet services and other services provided by ASTAC may not be available in the event you terminate your ASTAC Internet service.
ASTAC manages its network for the benefit of all users. To maintain the quality and performance of the ASTAC network, ASTAC reviews the overall statistics of its user community and identifies those accounts with usage in excess of expected ranges. Normal use and occasional heavy use should not cause usage patterns to exceed the expected range. Activities that involve extended, high-volume continuous data transfer might cause your activity to exceed expected ranges. Examples of such activities might include, but are not limited to: extensive use of peer-to-peer file sharing programs, game hosting applications, or streaming video. If your usage pattern is excessive, you will be notified to either upgrade your service plan or reduce your usage pattern. If you choose neither of these options, ASTAC reserves the right to rate limit or terminate your service and/or account.
Pricing for ASTAC Internet accounts is established separately from these terms and conditions. Your failure to pay for use of an ASTAC account in accordance with pricing established by ASTAC shall result in immediate suspension of your account.
ASTAC Network Equipment
Except in those cases in which ASTAC Internet has specifically sold you the network equipment needed to use the ASTAC Internet residential DSL services, ASTAC Internet retains ownership of the modems, routers, network interface cards (NIC) that are issued in conjunction with your subscription. You agree to maintain the equipment in good working order and to keep it safe from damage and in your possession as long as you continue to use the services. In the event either you or ASTAC Internet should terminate your account, you agree to return all of the equipment and materials issued to you, including all modems, routers, network interface cards, cables, power supplies and software. In the event any of the materials supplied to you by ASTAC Internet are not returned, or are returned in non-working condition, we may charge you reasonable replacement cost for these missing or damaged items.
ASTAC Internet explicitly disclaims any and all liability for loss or other damage of any type that is or might be incurred by you as a result of divulging personal information. All such information is divulged, if at all, at your sole discretion and risk.
Interruption of Service
From time to time, the services offered by ASTAC Internet may be interrupted. Interruptions of service may occur for any number of reasons. Interruptions of service may occur in a given city or network wide in order for ASTAC Internet to perform maintenance tasks. Interruptions may occur for reasons completely beyond the control of ASTAC Internet.
Use of an ASTAC Internet account constitutes your acknowledgment that such interruptions will occur from time to time. You acknowledge and agree that ASTAC Internet shall not be liable to you for any harm or loss arising from an interruption of service, regardless of the nature and extent of the harm or loss. You further acknowledge and agree that responsibility for avoiding harm or loss arising from an interruption of service, regardless of the nature and extent of the harm or loss, is your responsibility and not the responsibility of ASTAC Internet.
Excusable Delay and Failure to Perform
ASTAC Internet shall not be held liable for any delay, failure in performance, loss or damages due to a force majeure event including but not limited to fire, theft, embargo, explosion, power problem, earthquake, avalanche, volcanic action, flood, war, water, the elements, labor disputes or unrest, including strikes, slowdowns, picketing, or boycotting, civil disturbances, any law, order, regulation, ordinance, or requirement of any government or legal body, or any representative of any such government or legal body, or military authority, acts of God or public enemies, inability to secure raw materials, inability to secure Equipment or transportation facilities, acts or omissions of carriers, or other causes beyond the reasonable control of ASTAC Internet.
Section 4. Limitation on Warranty, Limitation of Liability, and Indemnification
Your use of an ASTAC Internet account constitutes your acknowledgement and agreement that ASTAC Internet:
- Is not the manufacturer of equipment used to provide access to the Internet;
- Is not the developer of software used to access Internet resources, including software provided by ASTAC Internet, if any;
- Is not the developer or provider of content available on the Internet.
ASTAC INTERNET DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, DIRECT OR INDIRECT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO IMPLIED OR EXPRESS WARRANTIES OF SUITABILITY, DURABILITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE (1) SERVICES OFFERED, (2) EQUIPMENT USED TO PROVIDE SERVICES, (3) SOFTWARE USED TO ACCESS INTERNET RESOURCES, INCLUDING SOFTWARE MADE AVAILABLE BY ASTAC INTERNET, IF ANY, AND (4) ANY AND ALL CONTENT WHICH MIGHT BE ENCOUNTERED ON THE INTERNET FROM TIME TO TIME.
Your use of an ASTAC Internet account constitutes your agreement that any and all damages which might arise from your use of the services, equipment supplied, software, Internet content, shall be your responsibility and shall not be the responsibility of ASTAC Internet. Your use of an ASTAC Internet account constitutes your waiver of any and all claims against ASTAC Internet for any and all such damages.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ASTAC INTERNET AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ASTAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE ASTAC INTERNET SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ASTAC INTERNET SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ASTAC INTERNET SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE ASTAC INTERNET SERVICES.
ASTAC Internet takes no responsibility for any such on-line distribution or publication by you. ASTAC Internet does not review messages or content you may generate or post, and ASTAC Internet is not responsible for what is contained in those messages or content. As a condition of your use of an ASTAC Internet account, you agree to indemnify and hold harmless ASTAC Internet for any and all claims made by any third party arising from your use of your ASTAC Internet account, including claims against anyone utilizing your ASTAC Internet account, whether or not known or allowed by you.